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  • SDM Investments Group, LLC, et al. v. HBN Media, Inc.

    Publication Date: 2021-02-17
    Practice Area: Civil Appeals | Civil Procedure
    Industry: Legal Services | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: William Downs, (Downs Law, LLC), Atlanta, John Dennehy, (Dennehy Law), Nashua, for appellant.
    for defendant: Travis Hargrove, (The Finley Firm), Columbus, MaryBeth Gibson, (The Finley Firm), Atlanta, for appellee.
    Case Number: A20A1775

    Appellants' Unreasonable and Unexcused Failure to Timely File Trial Transcript Warranted Dismissal of Appeal

  • Rice et al. v. Fulton County, Georgia et al.

    Publication Date: 2021-01-06
    Practice Area: Class Actions | Real Estate | Tax
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Mitchell Graham, (G. Roger Land & Associates), Atlanta, G. Land, (Attorney at Law), Atlanta, Jonathan Palmer, (Knight Palmer, LLC), Atlanta, Ranse Partin, (Conley Griggs Partin LLP), Atlanta, Lindsey Hillis, Delia Williams-Carroll, (The Hillis Firm), Atlanta, for appellant.
    for defendant: Colin Delaney, Anthony Rollins, Edward Wasmuth, Leah Sears, Robin Burnette, (Smith Gambrell & Russell, LLP), Atlanta, Detriss Thomas, Cheryl Ringer, Patrise Perkins-Hooker, Kaye Burwell, (Fulton County Office of the County Attorney), Atlanta, Jeffrey Haymore, (Dillard Sellers, LLC), Atlanta, Anamaria Hazard, Reginald Martin, (City of Atlanta, Law Department), Atlanta, C. Thomas, Michael Stacy, (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, Ken Jarrard, Gregory Meyer, (Jarrard & Davis, LLP), Cumming, Patrick Stough, E. Cox, Dennis Davenport, (McNally, Fox, Grant & Davenport, P.C.), Fayetteville, Richard Lindsey, (Lindsey Law Firm PC), Peachtree City, Winston Denmark, (Fincher Denmark LLC), Jonesboro, Emilia Walker, (Fincher Denmark LLC), Atlanta, John O'Neal, (Clayton County Boad of Commisioners), Jonesboro, Valorri Jones, (Fincher Denmark LLC), Jonesboro, Christa Freeman, (City of Atlanta Department of Law), Atlanta, Michael Huening, (Fincher Denmark LLC), Atlanta, Meredith Germain, (Turner Ross Germain, LLC), Marietta, William Turner, (Turner & Ross, LLC), Marietta, Daniel Lee, (Attorney For The City of Sandy Springs), Sandy Springs, Matthew Weiss, (Freeman Mathis & Gary), Atlanta, Brad Bowman, Decatur, Chad Alexis, (Dekalb County Law Department), Decatur, Ernest Bennett, (Carothers & Mitchell, LLC), Buford, Richard Carothers, (Attorney at Law), Buford, David Davidson, Robert Hulsey, (Attorney at Law), Roswell, Lajuana Ransaw, Andrew Welch, Priya Patel, (Smith Welch Webb & White, LLC), McDonough, for appellee.
    Case Number: A20A1898

    Taxpayers Stated Class Action Claim Under Tax Refund Statute For Allegedly Illegal Assessments

  • DD&D Family Properties, LLC v. Wright

    Publication Date: 2020-12-18
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Charles Black, (Bannister and Black), Austell, for appellant.
    for defendant: Charles Mecklin, Samson Newsome, (Tisinger Vance PC), Carrollton, for appellee.
    Case Number: A20A1339

    Court vacates summary judgment order for a party that redeemed a tax sale for real property because of trial court error in calculating the proper redemption amount.

  • Trico Environmental Services, Inc. v. Knight Petroleum Company et al.

    Publication Date: 2020-12-15
    Practice Area: Business Torts | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Griffin Bell, Daniel Seelos, (Griffin Bell III, P.C.), Decatur, Charles Hudson, (Penn & Seaborn, LLC), Montgomery, for appellant.
    for defendant: Douglas Ballard, (Jones Petroleum Company, Inc.), Jackson, J. Pollette, (J. Keith Pollette, P.C.), Jackson, for appellee. Richard Carothers, (Attorney at Law), Buford, Brian Dempsey, (Quintairos, Prieto, Wood & Boyer, P.A.), Atlanta, for other party.
    Case Number: A20A1474

    In Real Property Dispute, Issues of Fact Remain on Breach of Warranty Claim, But Not on Breach of Contract, Negligent Misrepresentation, or Tortious Interference with Business Relations Claims

  • Crown Series, LLC et al. v. Holiday Hospitality Franchising, LLC

    Publication Date: 2020-12-15
    Practice Area: Business Torts | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: John Koenig, (Barnes & Thornburg LLP), Atlanta, Abby Vineyard, (Attorney at Law), Atlanta, Marty Schwartz, (Schain, Banks, Kenny & Schwartz, Ltd.), Chicago, for appellant.
    for defendant: Michael Tyler, Kathryn Isted, Joe Reynolds, (Kilpatrick Townsend & Stockton LLP), Atlanta, for appellee.
    Case Number: A20A1464

    Liquidated Damages Provision of License Agreement Was Enforceable and Demonstrated a Pre-Estimate of Probable Loss

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    Winning at Trial: Insights from the Bench and Leading Litigators

    Authors: David R. Marriott

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  • Callicott v. Scott et al.

    Publication Date: 2020-12-15
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, for appellant.
    for defendant: S. Malone, (Nelson Mulins Riley & Scarborough), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, Michael Orr, (Dawson Orr), Jacksonville, for appellee.
    Case Number: A20A1366

    Minority Shareholder Was Required to Bring a Derivative Action Against Other Shareholders Because She Did Not Suffer a Special Injury

  • Lambeth et al. v. Three Lakes Corporation

    Publication Date: 2020-12-11
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Martin Shelton, (Lewis Brisbois), Atlanta, for appellant.
    for defendant: William Strickland, (Strickland & Schwartz, LLC), Atlanta, for appellee.
    Case Number: A20A0897

    Court reverses summary judgment order that dismissed homeowners' complaint against a homeowner's corporation that failed to maintain and repair property.

  • Najarian Capital, LLC v. Clark, et al.

    Publication Date: 2020-12-07
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Reese
    Attorneys: For plaintiff: Kane St. John, (Attorney at Law), Marietta, for appellant.
    for defendant: John Clark, (Clark Caskey, LLC), Atlanta, Allison Jett, (Jett Law Group, LLC), Atlanta, for appellee.
    Case Number: A20A0978

    Court affirms order dismissing property purchaser's complaint for fraud and negligence that had been premised on a lien on a condominium property

  • Dawson County Board of Commissioners et al. v. Dawson Forest Holdings, LLC

    Publication Date: 2020-12-04
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A20A0934

    Court affirms ruling that zoning commissioners can be sued for declaratory and injunctive relief in the individual capacity to prevent enforcement of a zoning ruling

  • National Collegiate Student Loan Trust 2007-3 v. Clayborn

    Publication Date: 2020-11-30
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Cherice Tadday, (Roosen, Varchetti & Oliver, PLLC), Smyrna, Kirsten Smith, (Sessions, Fishman, Nathan & Israel), Marietta, for appellant.
    for defendant: David Addleton, (Attorney at Law), Macon, James Hurt, (Hurt Stolz, P.C.), Watkinsville, for appellee.
    Case Number: A20A1571

    Court reverses an order that dismissed a collection lawsuit filed by a Delaware trust, concluding that the trust had capacity to sue in its own name